Opinion
01-23-00916-CV
06-13-2024
Wendy Hernandez v. Saul Islas
Trial court: County Court at Law No. 1 of Galveston County, Trial court case number: 22-FD-1527.
ORDER
Richard Hightower, Judge.
Volume 1 of the clerk's record was filed on March 5, 2024. This volume contains page numbers on each page of the record. On March 6, volumes 2 and 3 of the clerk's record were filed. Although volumes 2 and 3 contain an index reflecting page numbers for individual documents, the body of volumes 2 and 3 of the clerk's record contain no page numbers. On March 6, 2024, an amended volume 1 of the clerk's record was filed, which contained no page numbers. Thus, the entire clerk's record lacks page numbers.
Appendix C of the Texas Rules of Appellate Procedure sets out the proper form of the appellate record and requires clerk's records to be paginated beginning with the front cover of the first volume and continuing to number all pages consecutively until the final page of the clerk's record without regard for the number of volumes. See Order, Directing the Form of the Appellate Record, Misc. Docket No. 13-9165 (Tex. Dec. 13, 2013).
Because volumes 1-3 of the clerk's record violate Appendix C, which requires consecutive page numbers through all volumes of the clerk's record, the Court strikes volumes 1-3 of the clerk's record in this case and orders the trial court clerk to file amended volumes 1-3 of the clerk's record with consecutive page numbers through all three volumes. The amended volumes shall be filed in this Court within 20 days of the date of this order.
Appellant filed her brief on May 6, 2024 and attempted to cite to various documents in the clerk's record. Although appellant attempted to work around the non-compliant clerk's record, the Court strikes appellant's brief and orders appellant to file a corrected brief that includes citations to the amended clerk's record, and the amended appellant's brief will be due within 20 days of the date of filing of the amended clerk's record as ordered. The deadline for appellee's brief will be extended until 30 days after the filing of appellant's amended brief.
It is so ORDERED.